Indecency with a Child in Texas is defined in the Texas Penal Code as the following:
Section 21.11 Texas Penal Code. INDECENCY WITH A CHILD
(a) A person commits an offense if, with a child younger than 17 years and not the person's spouse, whether the child is of the same or opposite sex, the person:
(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus or any part of the child's genitals.
(b) It is an affirmative defense to prosecution under this section that the actor:
(1) was not more than three years older than the victim and of the opposite sex;
(2) did not use duress, force, or a threat against the victim at the time of the offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.
(c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or
(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.
In Texas, charges relating to Indecency with a Child involves the inappropriate sexual touching of a child younger than 17. Basically, if the allegation does not facts relating to penetration, the sexual offense will usually be deemed "indecency with a child."
Regardless, the effects of a conviction of this nature will have lasting consequences that cannot be understated, including lifetime registry as a sex offender. At The Law Offices of Carl David Ceder, PLLC, we have experience handling all types of criminal accusations that are sexual in nature. Please call 214.702.CARL (2275) to arrange for a free consultation in a private, non-judgmental atmosphere. The earlier you contact an attorney, it is almost always the better. We will protect your rights from the investigation phase through trial, if necessary. Whether you are under investigation or have already been charged with a crime of a sexual nature, it is never too early to start developing your defense.
It cannot be stressed enough to avoid speaking with an investigator of your case. A fantastic YouTube video relating to how it is uniformily understood that one should not give any statements to law enforcement investigators is shown here.
There are a number of defenses that may be available to you if you are facing a charge of Indecency with a Child in Texas. For instance, if the child and the perpetrator are around the same age, or if the touching was unintentional. Regardless of the facts of your case, it is always important to consult with an experienced attorney who will protect your rights. The law in Texas relating to sexual crimes is almost always quite severe. It is important to be proactive as soon as possible to protect your rights to give you your best possible change to defeat these potentially harsh charges.
Please contact The Law Offices of Carl David Ceder, PLLC, now for a free consultation. Our office has a solid reputation for success relating to all types of Criminal Defense charges. If you have been arrested, charged, or are being investigated for a criminal charge in Texas, call our office without delay. You can contact The Law Offices of Carl David Ceder, PLLC, 24 hours a day/7 days a week at 214.702.CARL (2275). Call now so we can begin the process of helping you mount the best defense possible with the facts of your case.